Recent Development in Antitrust and International Trade Law

FIRSTGROUP AND LAIDLAW SELL OFF SCHOOL BUS CONTRACT IN ALASKA TO RESOLVE ANTITRUST CONCERNS

September 27, 2007 at 3:16 pm

On September 27, FirstGroup plc entered into a settlement agreement with the DOJ for First Group to sell off a large school bus contract and associated assets in Alaska in order to progress with its acquisition of Laidlaw International Inc. Without the settlement agreement, the DOJ believed the transaction raised […]

FTC ADVISES ROCHESTER PHYSICIAN ORGINIZATION IT WILL NOT RECOMMEND ANTITRUST CHALLENGE TO PROPOSAL FOR “CLINICAL INTEGRATION” PROGRAM

September 22, 2007 at 10:00 am

On September 21, 2007, Federal Trade Commission advised the Greater Rochester Independent Practice Association, Inc. (GRIPA), that it had no present intention to challenge the organization’s planned conversion to a non-exclusive physician network joint venture. GRIPA requested a staff advisory opinion regarding its proposal to combine and coordinate the provision […]

JACOBI INDUSTRIES PRESIDENT ENTERS GUILTY PLEA IN DEPARTMENT OF DEFENSE BID RIGGING CONSPIRACY

September 20, 2007 at 3:19 pm

On September 20, 2007, Mr. Jacobi, the president and owner of Jacobi Industries Inc., pled guilty to a felony charge of conspiring to rig bids on U.S. Department of Defense (“DOD”) contracts for military tiedown equipment and cargo securing systems. Under the plea agreement, Mr. Jacobi agreed to pay a […]

COMMISSION ANNOUNCES PROPOSALS FOR NEW ENERGY PACKAGE

September 20, 2007 at 9:13 am

On September 19, 2007, the European Commission (the “Commission”) adopted a package of proposals in order to reform the EU electricity and gas regulatory frameworks. The main proposals concerned unbundling, third country ownership and enhancing the power and independence of national regulators. The Commission considers that existing legislation allowed companies […]

ASSISTANT ATTORNEY GENERAL FOR ANTITRUST ISSUES STATEMENT ON EUROPEAN MICROSOFT DECISION

September 17, 2007 at 4:25 pm

On September 17, Thomas O. Barnett, Assistant Attorney General for the Department’s Antitrust Division, issued a statement scrutinizing the Court of First Instance of the European Communities (“CFI) decision to affirm the substance of the European Commission’s (“EC”) March 2004 decision against Microsoft. Mr. Barnett said that “in light of […]

THE COURT OF FIRST INSTANCE ESSENTIALLY UPHOLDS THE EUROPEAN COMMISSION’S DECISION AND FINDS THAT MICROSOFT ABUSED ITS DOMINANT POSITION

September 17, 2007 at 2:01 pm

In a ruling released on September 17, 2007, the Court of First Instance (the “Court”), the second highest court in Europe, reaffirmed the European Commission’s (“EC”) 2004 decision that Microsoft abused its market power by tying its digital media player to the Windows operating system. By bundling these products together, […]

FORMER SALES REPRESENTATIVE IN CALIFORNIA CONVICTED FOR ROLE IN SCHEMES TO DEFRAUD THE FEDERAL E-RATE PROGRAM

September 14, 2007 at 4:29 pm

On September 14, a federal grand jury in San Francisco convicted Judy Green, of Temecula, California, a former sales representative for her role in schemes to defraud the federal E-Rate program. Ms. Green was convicted on all charges in a 22-count indictment involving fraud, collusion, aiding and abetting, and conspiracy […]

TWO EXECUTIVES INDICTED IN MARINE HOSE BID RIGGING CONSPIRACY

September 13, 2007 at 4:36 pm

On September 13, a Fort Lauderdale, Florida federal grand jury returned an indictment charging two individuals in a conspiracy to rig bids fix prices and allocate market shares for sales of marine hose used to transport oil. The indictment, filed in the U.S. District Court in Fort Lauderdale, Florida, charged […]